Genetically Modified Organisms

Lord Hylton: asked Her Majesty's Government:
	What advice they are receiving on the probable impact of genetically modified crops and food products on farmers and food consumers in developing countries and especially on the poorest people within them.

Baroness Amos: DfID monitors and reviews information on the use and potential impacts of genetically modified crops and food from a range of sources, including the United Nations Environment Programme biosafety newsletter and the Meridian Institute's food security and ag-biotech news service.
	The Nuffield Council on Bioethics produced a major review in January 2004 on the actual and potential benefits of genetically modified (GM) crops for developing countries. The report offers a constructive contribution to the ongoing debate on genetic modification technologies. The Government share the report's conclusions that achieving food security and reducing poverty in developing countries are complex issues, that GM crops are unlikely to feed the world but that in some circumstances they could make a useful contribution to improving the livelihoods of poor people in developing countries.
	Recognising that there are both potential benefits and risks associated with GM crops, DfID believes that developing countries need to be able to make their own informed choices about whether to adopt GM technologies or not. To this end, the UK Government have pushed for the implementation of international legislation such as the Cartagena Protocol on Biosafety, which provides for rigorous assessment and management of the risks involved in the use of genetically modified organisms. The UK has ratified this protocol.

Court Proceedings Abroad

Viscount Simon: asked Her Majesty's Government:
	What inquiries have been undertaken to ensure that United Kingdom driving licence holders, accused of committing serious motoring offences in other European Union member states, will have access to an English-speaking lawyer, have the court proceedings translated into English, and be allowed to take part fully in the proceedings.

Baroness Symons of Vernham Dean: All European Union states are signatories to the Council of Europe Convention for the Protection of Human Rights and Fundamental Freedoms. This provides for the free assistance of an interpreter if a defendant cannot understand the language of the court. A defendant also has the right to choose his own legal representative, unless provided with free representation by the state.
	Where consular staff become aware that these rights are being denied to a British national, we will consider taking appropriate action. All diplomatic posts maintain a list of local English-speaking lawyers, which is made available to British nationals facing court proceedings.
	The proposed Framework Decision on Procedural Rights in EU Criminal Proceedings sets out minimum standards relating to these rights. Sub-Committee E (Law and Institutions) of the House of Lords Select Committee on the European Union is conducting an inquiry into the proposed framework decision. We will take the views of the sub-committee into account, in finalising our negotiating stance.

Droit de Suite

Lord Freyberg: asked Her Majesty's Government:
	Further to the Written Answer by the Lord Sainsbury of Turville on 14 September 2001 (WA 40), what arrangements have been made to prepare for the introduction of droit de suite on 1 January 2006; how widely they have consulted on the transposition of the directive into national law, what conclusions have been reached following consultation; and how they are planning to inform those affected in advance of the legislation.

Lord Sainsbury of Turville: Informal consultation with interested parties, including meetings between officials and representatives of both artists and art dealers, has been under way for some months. The Government intend to issue a formal consultation document shortly, accompanied by a draft statutory instrument. The consultation documents will be mounted on the Patent Office's website; copies will also be sent directly to interested parties and will be available on request.
	Following the consultation and in advance of the legislation coming into effect, a notice will be mounted on the Patent Office's website including the final statutory instrument. Copies will also be issued electronically to the interested parties.

Air Quality

Lord Lester of Herne Hill: asked Her Majesty's Government:
	What are the current air quality objectives applicable to the United Kingdom regarding the levels of nitrogen dioxide, low level ozone, and small particles in the atmosphere; and over what timescale those objectives will be met.

Lord Whitty: The Air Quality Strategy for England, Scotland, Wales and Northern Ireland sets objective for nitrogen dioxide, ozone and particles, among other pollutants. The objectives in England for the pollutants of concern are set out in the table below. Our current assessment is that most areas of England will meet the objectives by the target dates. We are looking at possible further measures as part of the current reviews of the Air Quality Strategy and Climate Change Programme and implementation of the Future of Transport White Paper.
	
		
			  Air Quality Strategy objectives in England for protection of public health  
			 Pollutant Concentration in micrograms per cubic metre µg/m3   Measured as  Date to be achieved by 
			 Nitrogen dioxide 200 µg/m3 not to be exceeded more than 18 times a year 1 hour mean 31.12.2005 
			  40 µg/m3 annual mean 31.12.2005 
			 Ozone 100 µg/m3 not to be exceeded more than 10 times a year Daily maximum of running 8 hour mean 31.12.2005 
			 Particles (as PM10) all of England 50 µg/m3 not to be exceeded more than 35 times a year 24 hour mean 31.12.2004 
			  40 µg/m3 annual mean 31.12.2004 
			 Particles (as PM10) all of England except London 50 µg/m3 not to be exceeded more than 7 times a year 24 hour mean 31.12.2010 
			  20 µg/m3 annual mean 31.12.2010 
			 Particles (as PM10) for London 50 µg/m3 not to be exceeded more than 10 times a year 24 hour mean 31.12.2010 
			  23 µg/m3 annual mean 31.12.2010

Red Squirrels

Lord Livsey of Talgarth: asked Her Majesty's Government:
	Whether the Joint Nature Conservancy Council has produced recommendations for (a) the protection, or (b) the re-establishment of the red squirrel in the United Kingdom.

Lord Whitty: The red squirrel is currently protected in the UK by the Wildlife and Countryside Act 1981 (and the Wildlife & Countryside (Northern Ireland) Order 1985), amended, most recently, by the Countryside & Rights of Way Act 2000 (CRoW) for England and Wales and the Nature Conservation (Scotland) Act 2004. It is included in both Schedules 5 and 6, making it an offence to kill or injure a red squirrel or disturb its place of rest. In addition to this, the red squirrel was identified as a priority species for conservation action by the UK Biodiversity Action Plan process. The Joint Nature Conservation Committee is a member of the UK Red Squirrel Group (UKRSG), the UK Steering Group for the red squirrel BAP. The UKRSG provides information and advice on red squirrel conservation issues, and provides a lead on recommended actions and targets set out in the red squirrel species action plan.
	The UKRSG has largely focused conservation action for the red squirrel in key woodland sites where they are still present. A prioritisation exercise has identified those sites with suitable red squirrel habitat that can be managed to ensure their continued survival and reduce the influence of factors that may be causing their decline, such as habitat loss and loss of habitat condition, grey squirrel incursion and disease.
	With regards to the re-establishment of the red squirrel in the UK, there are several issues to be addressed, including the amelioration of the reasons for their decline at different sites. JNCC, and the UKRSG as set out in their guidance on the release of red squirrels, do not recommend the re-introduction of red squirrels without careful consideration of the site to ensure that it is of suitable habitat to support a red squirrel population and that it can be protected from the above factors.

Cetaceans

Baroness Miller of Chilthorne Domer: asked Her Majesty's Government:
	Which species of cetaceans have the benefit of a designated "sanctuary" in United Kingdom waters in accordance with special areas of conservation designated under the European Union Habitats Directive; which species are not covered by this designation; and what practical measures they intend to take to protect important habitats where sanctuaries have not been identified.

Lord Whitty: Those species for which member states are required to identify special areas of conservation (SAC) are listed on Annex II to the Habitats Directive. Two species of cetacean—harbour porpoise and bottlenose dolphin—are listed.
	For aquatic species which range over wide areas, the directive states that sites will be proposed only where there is a clearly identifiable area representing the physical and biological factors essential to the life and reproduction of the species.
	Using this criteria, two sites in the United Kingdom have been designated for bottlenose dolphin as candidate SAC. To date, no sites have been identified for harbour porpoise.
	All species of cetaceans are listed on Annex IVa to the Habitats Directive. This provides protection to cetaceans from deliberate capture and killing, and deliberate disturbance to these species whether they occur inside or outside an SAC.